Z-0979.2                   _______________________________________________

                                                     SENATE BILL 6051

                              _______________________________________________

State of Washington                              53rd Legislature                             1994 Regular Session

By Senators Quigley, Ludwig and A. Smith

Read first time 01/10/94.  Referred to Committee on Law & Justice.

Providing for speed measuring device expert testimony.

          AN ACT Relating to speed measuring device expert testimony in court; and adding a new section to chapter 46.63 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 46.63 RCW to read as follows:

          (1) In prosecutions involving the use of a speed measuring device, the defendant may, ten days before the defendant's court date, request a certified copy of a report from the appropriate law enforcement agency's speed measuring device expert.  The certified copy is prima facie evidence in court of the reliability and functionality of the speed measuring device in question.

          (2) The defendant in a prosecution involving the use of a speed measuring device may subpoena the appropriate speed measuring device expert to testify in court if, ten days before issuing the subpoena, the defendant gives the supervisor of the speed measuring device expert notice of the defendant's intention to require the speed measuring device expert's appearance.

                                                           --- END ---